Lawsuit seeks to reverse Medford zoning denial of retail center

George Woolston @gcwoolston

Wednesday

Oct 30, 2019 at 7:01 AM

Depetris Family Associates 2 LLC filed a complaint against the zoning board in Burlington County Superior Court earlier this month seeking the reversal of the zoning board’s July decision and subsequent approval of its application.

MEDFORD TOWNSHIP — The township zoning board has been sued over its denial of a developer’s application to build a retail center anchored by a Dunkin’ Donuts drive-thru at the intersection of Tuckerton and Taunton roads.

Depetris Family Associates 2 LLC filed a complaint against the board in state Superior Court in Burlington County earlier this month seeking the reversal of a July decision and subsequent approval of its application.

Depetris Family Associates is led by developers and brothers James, Stephen and David Depetris. The Depetris family owns the Village at Taunton Forge shopping center, which was purchased by their father Joseph in 1968 and opened in 1978. The brothers completed a major renovation of the shopping center in 2016.

The developers appeared before the zoning board in June and July (June’s meeting was cut short due to severe weather) seeking a use variance to build a 6,479-square-foot-retail center that would feature the Dunkin’ Donuts as well as three other retail tenants at 207 Tuckerton Road, just up the street from the Village at Taunton Forge.

In just under an acre in size, the property is the current home of a vacant PNC Bank with drive-thru lanes.

The proposed project was dubbed “Taunton Corners Place,” and was James Depetris’ vision for revamping the beleaguered intersection, which he called “one of the most important (intersections) in Medford.”

“The buildings at this intersection are not the quality of construction or design that Medford is so well known for, and certainly not to the standards of the renovations that we have made at Taunton Forge,” DePetris said before the planning board in June. The intersection currently features the closed PNC Bank, two gas stations and what Depetris called an outdated strip mall.

It was the second time the developers appeared before the zoning board seeking approval to build a Dunkin’ Donuts in the township. In 2017, the zoning board denied an application made by the developers to build a Dunkin’ Donuts with a drive-thru lane at the Village of Taunton Forge shopping center.

The 2017 denial was reversed by the Law Division, but is currently under appeal by the zoning board, according to the complaint.

In court documents, attorneys for the developers argue that in its resolution memorializing the 2017 denial, the zoning board suggested that a site on the other side of Tuckerton Road may be a better location for a drive-thru based on morning traffic patterns.

They argue that the zoning board’s decision should be reversed because it is “arbitrary and contrary” to its own prior findings and decisions,” and because its decision was made based on “subjective” feelings over traffic conditions at the intersection.

Prior to the vote in July, board members expressed concerns over the impact the project would have on the traffic at the intersection, the number of parking spaces provided (29), the fact that the only known tenant of the project was Dunkin’ Donuts and that a left-hand turn would be allowed to exit the site onto Taunton Road.

A number of residents also objected to the project during the public comment at the July zoning board meeting citing the impact a Dunkin’ Donuts would have on the intersection.

However, testimony provided by the applicant’s professionals argued that the project would have little impact on traffic.

Professionals testified the majority of Dunkin’ Donuts customers are considered pass-by trips, meaning customers stop there because it is on the way to their destination and they do not attract additional traffic.

Attorneys for the developer argue in court documents that the testimony provided for the board was “substantial credible evidence” that the application satisfied the criteria for a use variance.

The township zoning board defended its decision and denied any wrongdoing in an answer to the developer’s complaint filed in court this week.

Zoning board attorney Christopher Norman, of Platt and Riso P.C., argued that the Depetris application was denied because the lot was undersized for its proposed use and would result in the overdevelopment of the property; and because the applicant proposed a full movement across Taunton Road which would create an unsafe entrance/exit at the proposed retail center.

The zoning board also denied that it ever suggested the property was suitable for a Dunkin’ Donuts and with a drive-thru and three additional retail stores.

The zoning board asked the court to dismiss the developer’s claims.

“Plaintiffs complaint must be dismissed because the plaintiff has unclean hands,” the zoning board’s answer stated.

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